SMITH v. COUSINS

399 CA 20-01361.

197 A.D.3d 907 (2021)

150 N.Y.S.3d 653

2021 NY Slip Op 04821

Cassie Smith, Respondent, v. Daniel Cousins, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided August 26, 2021.


Attorney(s) appearing for the Case

BENNETT SCHECHTER ARCURI & WILL LLP, BUFFALO ( PETER D. CANTONE , OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL STEINBERG , ROCHESTER, FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this action in which plaintiff seeks damages for injuries she allegedly sustained as a result of exposure to lead paint as a child, defendant appeals from an order denying his motion for summary judgment dismissing the complaint. We affirm.

Contrary to defendant's contention, he failed to meet his initial burden on the motion. Although defendant submitted...

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